USCFC General Jurisdiction-Reported

Post-Award Bid Protest;
Contract Award Reevaluation; Responsibility Determination; 48 C.F.R. § 15.306(d)(3) Discussions Signed by Judge Bruggink.

Overtime Pay; Fair Labor Standards Act of 1938, 29 U.S.C. § § 201-219 (2000);
Portal-to-Portal Act of 1947, 29 U.S.C. § § 251-62 (2000); Employee Commuting Flexibility Act of 1996, 29 U.S.C. §254(a) (2000); Home to Work Travel Time; Integral and Indispensable Part of Employee's Principal Work Activities; Employer's Custom or Practice of Compensating Commuting Time, De Minimis Rule; Federal Personnel Manual
Letter No. 551-10 (Apr. 30, 1976) Signed by Judge Bush.

Overtime Pay; Administrative Exemption, Fair Labor Standards Act, 29 U.S.C. §213(a)(1) (2000); Primary Duty Test, 5 C.F.R. § 551.206 (2005); Alternative Primary Duty Test, 5 C.F.R. § 551.104 (2005); Law of the Case Signed by Judge Bush.

AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCIAL CORPORATION, v. THE UNITED STATES and FEDERAL DEPOSIT INSURANCE CORPORATION, AS SUCCESSOR TO THE RIGHTS OF THE TRANSOHIO SAVINGS BANK, Plaintiff-Intervenor,

(95-523C)

Causation;
Motion for Reconsideration;
RESTATEMENT (SECOND) OF CONTRACTS,
§ § 24, 50(1), 349;
Winstar-related case;
RCFC 8(c), 12(b), 59

Signed by Judge Braden.

Bid Protest; Declaratory Judgment; Injunctive Relief; 28 U.S.C. § 1491(b)(1);
Jurisdiction; Standing; "Interested Party";
"Actual or Prospective Bidder or Offeror";
10 U.S.C. § 2462; Executive Order 12,615;
32 C.F.R. Parts 169, 169a; Circular A-76; In-House Conversion without Resolicitation;
Public/Private Cost Comparison;Interim Government Operation Signed by Judge Hodges.

Military back pay; remedy;
remand to Corrections Board to make record corrections; remand to Special Selection Board to make promotion determination Signed by Judge Margolis.

Equal Access to Justice Act, 28 U.S.C. § 2412; Cost Of Living Adjustment Signed by Judge Horn.

RCFC 26(b); Relevance;
Executive Privilege;
Requirement that Head of the Agency Assert Executive Privilege;
Delegation of Authority to Assert Executive Privilege;
Treasury Regulation 1.701-2; IRS Notice 2000-44;
26 U.S.C. 701; At-issue Waiver of Privileges Signed by Judge Williams.

Motion to Quash Subpoena; RCFC 45(c)(3); Relevance; RCFC 26(b); 26 U.S.C. § 6103 Signed by Judge Williams.

Takings; Transportation Security Act; federal takeover of airport security screening; motion for reconsideration Signed by Judge Margolis.

Moiety Claim, 19 U.S.C. § 1619; Omnibus Anti-Drug Act, 19 U.S.C. § 1619(a);
Purchase of Information Award Signed by Judge Braden.

Nuclear Waste Fund;
Nuclear Waste Policy Act, 42 U.S.C. § § 10101, et seq.; RESTATEMENT (SECOND) OF CONTRACTS § 152 (Mutual Mistake); RESTATEMENT (SECOND) OF CONTRACTS § 272 (Impracticability of Performance);Restitution; 10 C.F.R. § 961.11 at Art. II;10 C.F.R. § 961.2 Signed by Judge Braden.

Spent nuclear fuel cases; motion to dismiss;
takings; real party in interest; RCFC 17(a);
relation back; RCFC 15(c); motion for summary judgment; Nuclear Waste Policy Act of 1982; conditions to contracts;
excusing conditions to contracts; Restatement (Second) Contracts § § 224, 269; collateral estoppel; exceptions to
the rules of merger and bar; Restatement
(Second) Judgments § 26 Signed by Judge Lettow.

Trial; Motion to Amend Pleading, RCFC 15(b); Limits of This Court's Jurisdiction Under 41 U.S.C. § § 605-609 (2000) Signed by Judge Hewitt.

Attorney's Fees pursuant to 26 U.S.C. § 7430; whipsaw; substantial justification Signed by Judge Yock.

Fifth Amendment; Tucker Act;Takings Jurisdiction; Distinction Between Torts and Takings; Standing; Ripeness; Motion to Dismiss; Summary Judgment Signed by Judge Block.

National Childhood Vaccine Injury Act, 42 U.S.C. § § 300aa-1-300aa-34; hepatitis B vaccination; rheumatoid arthritis;
indirect causation; Stevens factors; preponderance of evidence Signed by Judge Wolski.

Breach of Contract; United States Postal Service;
Telecommunications Service Agreement;
Authority to Contract; Parol Evidence Signed by Judge Horn.

National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § § 300aa-1 et seq.; Statute of Limitations; State Minority Tolling Signed by Judge Baskir.

Pre-Bid Protest Award; Arbitrary and Capricious; 41 U.S.C. § 253 Signed by Judge Smith.